N. Bahr el Ghazal legislators call for dissolution of parliament
March 24, 2013 (JUBA) - Members of the politically divided parliament in Northern Bahr el Ghazal have begun calling on South Sudan’s president Salva Kiir Mayardit to consider dissolving the state assembly to end an ongoing dispute between lawmakers. South Sudan’s Transitional Constitution gives the president the right to remove a State governor and dissolve the state parliament in the event that a conflict in the area becomes a national security threat, or a situation that is likely to generate an instability and social disorder. Northern Bahr el Ghazal is one of the few areas of South Sudan, which enjoys a relative internal peace and stability, unlike some of the young nation’s other nine states, which have been scarred by tribal or sectional fighting before and after independence in 2011. However the state has been experiencing political disquiet since the elected speaker was removed in June 2012 by an executive order from Northern Bahr el Ghazal Governor Paul Malong Awan. The move is generating significant tension between the executive organ and some members of the legislature. In February this year, acting on a resolution from the upper house of South Sudan’s parliament, president Kiir’s office issued an executive order asking Governor Awan to immediately reinstate the speaker and six other state MPs without conditions. The president also called for the convening of a political convention in the state to promote peace and harmony. Almost a month later, however, the governor presented Kiir’s letter to parliament and distanced himself from the conflict. He instead told lawmakers that the South Sudan leader had instructed him to act on the internal dispute in an independent institution. On 18 March, the parliament convened a session to discuss directive of the president but which half of state’s MPs boycotted the session, asserting that they do not have constitutional competence to hold such a debate. Majang Ngor Kuany, the head of the information and public relations in the state assembly told Sudan Tribune that since the assembly lacked quorum, member unanimously passed a resolution objecting to the reinstatement of the speaker. In the same resolution, Kuany said, MPs demanded that any directive to reinstate the six expelled MPs should come from the head office of South Sudan’s governing Sudan People’s Liberation Movement (SPLM). The SPLM MPs were expelled due to allegations that they were collaborating with other political parties. “The house unanimously passed a resolution which states clearly that impeachment of the speaker was sole responsibility of members of parliament under conduct of business. They have the right to elect their house leaders including the speaker of the house. The only position person appointed outside the house is the government chief whip. [The] rest are elected”, Kuany told Sudan Tribune from Aweil town last week. The head of human rights and legal affairs committee in the Northern Bahr el Ghazal, Garang Majak Bol, also disputed reports that half of the parliament’s members walked out. He described statements attributed to the nine members as “misleading and incorrect”. “The quorum was complete and the discussions held were constitutional. They [the MPs who boycotted the session] were only five members not nine”, Bol claimed in an interview with Sudan Tribune also from Aweil town. Speaking in an interview with Sudan Tribune on Sunday, Benson O Malo said it was time the president Kiir “steps in” to dissolve the house and remove the state governor because the dispute had paralysed the house to the extent that it was no longer exercising constitutional functions as an independent institution. “I think it is time the president takes action. He has constitutional powers to dissolve the house and remove state governor in such a situation, especially that his constitutional prerogatives are being openly violated. It will give bad impression if he does not act”, Malo told Sudan Tribune on Sunday from Aweil town, capital of the State. However, the former head of the agriculture committee in the Northern Bahr el Ghazal parliament, Santino Mayuat Ngong, disputed Bol’s account claiming to be one of the nine MPs to boycott the discussion on the presidential directive. Ngong said he walked out because there were neither legal grounds nor constitutional rights for him to participate in the discussion. He also called for the dissolution of the house and for the removal of the state governor. Ngong said it was time for members of the public to decide for themselves whether it was right for the state parliament to discuss and reject the directive of the president. “Honestly, it will be a bad precedent if the president does not take strong action because state parliaments do not have any mandate to discuss decree and directive of the president anywhere. There is no constitutional provision at all. We also do not have powers to discuss a resolution of the council of states. Another reason why I walked out was that the letter was not addressed to the parliament. It was addressed to the governor himself by the president. We were not even given any copy. It was a direct directive asking for immediate implementation of the resolution of the council of states. Does the president not know our address if he wanted the house to be involved”, asked Ngong in an interview with Sudan Tribune on Saturday from Aweil. Another state MP who boycotted discussion on the directive of the president, William Wel, told Sudan Tribune on Saturday that there is "a strong reason" for the president should to immediately remove governor Awan and dissolve parliament. “I have two questions which I would like the media to pass on to the president. One of the questions I want to know is whether the president has been removed from his position of being the chairperson of the Sudan People’s Liberation Movement. I also want to know whether he has given his powers to Deputy Secretary of the SPLM, Anne Itto. I am asking these questions because it appears some members in the house are saying the expelled six SPLM members will only return to the house if they get directive from SPLM office at the national Secretariat, especially the office of Anne Itto”, he said. Wel said the directive of the president in the letter he addressed to governor Awan was very clear in that he asked him in his capacity as the chairperson of the SPLM to reinstate the six expelled SPLM members and in his capacity as the president of the country to reinstate Aguer Wol Aguer as the legitimate speaker of the house. “The letter itself was very clear. There was nothing confusing in it. The president was writing in his capacity has head of the state to ask for reinstatement of the speaker and in his capacity as chairperson of the SPLM to ask for reinstatement of the other six expelled members of the SPLM. This is very clear. What is needed is only implementation”, Wel told Sudan Tribune on Saturday. The legislator, who is currently visiting Juba, said the house has been unable to hold a consensual parliamentary session for several months after the speaker was removed from the SPLM dominated state assembly. "I tell you the only solution is to dissolve the house and remove the governor. The current political system in the state, from the Governor down the ministers and county commissioners, is completely frustrating and has paralysed every effort. It is sufficiently clear that the state does not want to wait another year. We must go and want the members of the public to get involve now for president to act", Wel said. The legislator did not say whether he and his allies will resign should the president not respond to their calls in a timely fashion. Should the president dissolve the Northern Bahr el Ghazal parliament, it will be the first time he has used that constitutional power since he was granted in 2011. Sacking a state governor does have precedent, however, as Kiir sacked the elected Governor of Lakes state, Chol Tong Mayay, in January following widespread insecurity and inter-communal fighting. The political turmoil has held up preparations and deliberation over the state budget, which includes economic development plans supposed to provide a series of infrastructure projects, as well as diversifying the economy and attracting foreign investment. The latest deadlock has also frozen parliamentary debate, raising fear that a fight similar to what happened in 2011-2012, in which the assembly was not even able to approve a budget for the whole financial year, may repeat itself. (ST) -- You received this message because you are subscribed to the Google Groups "South Sudan Info - The Kob" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. For more options, visit https://groups.google.com/groups/opt_out.
